(a) A pharmacist dispensing a prescription for a drug
product prescribed by its brand name may select any equivalent drug or
interchangeable biological product which meets all of the following standards:

(1) The manufacturer's name and the distributor's name,
if different from the manufacturer's name, shall appear on the label of the
stock package.

(2) It shall be manufactured in accordance with current
good manufacturing practices.

(3) All oral solid dosage forms shall have a logo, or
other identification mark, or the product name to identify the manufacturer or
distributor.

(4) The manufacturer shall have adequate provisions for
drug recall.

(5) The manufacturer shall have adequate provisions for
return of outdated drugs, through the distributor or otherwise.

(b) The pharmacist shall not select an equivalent drug
or interchangeable biological product if the prescriber instructs otherwise by
one of the following methods:

(1) A prescription form shall be preprinted or stamped
with two signature lines at the bottom of the form which read:

"_______________________ __________________

Product Selection Permitted Dispense
as Written"

On this form, the prescriber shall
communicate instructions to the pharmacist by signing the appropriate line.

(2) In the event the preprinted or stamped prescription
form specified in subdivision (1) of subsection (b) of this section is not
readily available, the prescriber may handwrite "Dispense as Written"
or words or abbreviations of the same meaning on a prescription form.

(3) When ordering a prescription orally, the prescriber
shall specify either that the prescribed drug product be dispensed as written
or that product selection is permitted. The pharmacist shall note the
instructions on the file copy of the prescription and retain the prescription
form for the period prescribed by law.

(b1) A prescription for a narrow therapeutic index drug
shall be refilled using only the same drug product by the same manufacturer
that the pharmacist last dispensed under the prescription, unless the
prescriber is notified by the pharmacist prior to the dispensing of another
manufacturer's product, and the prescriber and the patient give documented
consent to the dispensing of the other manufacturer's product. For purposes of
this subsection, the term "refilled" shall include a new prescription
written at the expiration of a prescription which continues the patient's
therapy on a narrow therapeutic index drug.

(b2) (Effective until October 1, 2020 - see note)
Within a reasonable time following the dispensing of a biological product
requiring a prescription, the pharmacist or a designee shall communicate to the
prescriber the product name and manufacturer of the specific biological product
dispensed to the patient. This required communication shall be conveyed by
making an entry into an interoperable electronic medical records system, or electronic
prescribing technology, or a pharmacy benefit management system, or a pharmacy
record that can be electronically accessible by the prescriber. Entry into one
of the above referenced methods of communication is presumed to provide the
required communication. Otherwise, the pharmacist or a designee shall provide
the required communication to the prescriber by facsimile, telephone,
electronic transmission, or other prevailing means, provided that communication
shall not be required under any of the following circumstances:

(1) There is no United States Food and Drug
Administration-approved interchangeable biological product for the product
prescribed.

(2) A refill prescription is not changed from the
product dispensed on the prior filling of the prescription.

(b3) The Board of Pharmacy shall maintain a link on its
Internet Web site to the current list of biological products determined by the
United States Food and Drug Administration to be interchangeable with a
specific biological product.

(b4) (Effective until October 1, 2020 - see note)
If the State mandates electronic medical records between a pharmacist and a
prescriber as described in subsection (b2) of this section, then the pharmacist
shall only be required to communicate the biological product dispensed through
an electronic medical records system when such a system is in place and the
information is accessible by the prescriber.